Jump to content
  • Tweets

  • Posts

    • So you're telling me you wouldn't rule it out but agreeing with others it's true without qualification. Hardly objective.   There is no evidence it's true and not even Labour are suggesting it. Like I say, opinions are fine but they are worthless unlesss they have at least some factual basis.   Germany put Spain on their quarentine list yesterday, are you blaming that on Brexiteers too?
    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Nearly £1.5bn of government cash is yet to be dished out to struggling businesses. View the full article
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
Malachie

Trying to recover uninsured losses after 50/50 liability settlement

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2695 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I was involved in an RTA with another vehicle August 2012. I was insured fully comprehensive but this policy only provided for third party claims cover for the trailer and its contents which I was towing at the time of the accident. The trailer and contents were not otherwise insured (foolish me). The trailer and its contents were substantially damaged with repair costs estimated in the region of £5-10K.

 

My towing vehicle has been repaired under my insurance with my insurer recommending settling liability at 50/50 between myself and the other party. There were no witnesses. I rejected this proposal (trailer was hit in the rear after a lane change) because I believed it would jeopardise my chances of a successful claim for my uninsured losses. 6 months on after lengthy correspondence and an independent accident investigation arranged by my insurer, their recommendation remains the same, accept 50/50 liability.

 

Since to take this further would involve the courts and, despite my protestations the accident was entirely the other driver's fault, I'm pretty sure there will be some detail in all the papers and statements that will indicate my driving was less than 100% perfect (whose is?) and we will be back to 50/50. So, as far as trying to keep a clean accident claims record, its probably time to give up and accept the insurer recommendation.

 

But, and having set the scene, there is still the damage to my trailer and contents to consider. Now, since both parties insurer's seem set on a 50/50 allocation of liability, how does that sit with my being able to claim for 50% of my insured losses? And who do I take on - third parties insurer, third party through small claims, court, both?

 

So far, and since I have expected throughout that the other party insurer would eventually accept liability, I haven't pursued the issue of uninsured losses other than to write to both third party and his insurer on the day after the accident that I held them liable.

 

Any advice in this regard would be really appreciated as would any need I have for legal advice and my chances of success. I'm going to end up out of pocket regardless, but getting back half of that loss would be something.

 

Also any thoughts on how I might have handled he whole thing better. I'm 7 months on, its been a lot of aggravation, and I still have a damaged trailer and its contents sat here doing nothing.

Share this post


Link to post
Share on other sites

Hi,

 

Can you be more specific how the accident happened exactly please?

 

You would claim from the TPI but as you know you would only get back 50% of the value.

 

Thanks

Share this post


Link to post
Share on other sites

Gannymede,

 

Summary of statement made to insurance company less specifics that would identify those involved.

 

19:45 – 20:00 Dark.

 

Travelling northbound on dual carriageway looking for right turn while travelling at 60mph.

 

Observed sign and checked to see if able to make right turn but unable to turn immediately as another vehicle was coming up on the RHS at high speed. Continued to approach start of central reservation slip road while still travelling in nearside lane slowing all the time to allow vehicle on RHS to complete overtaking manoeuvre.

 

RHS now clear so checked mirror, indicated and moved across right hand lane into central reservation slip road. Now travelling at estimated 30-40 mph and saw lights bright and close behind in mirrors My vehicle had attained the slip lane but the trailer was still in the overtaking lane. Felt heavy impact from rear and continued into slip lane with intention of moving vehicle and trailer to safe place prior to stopping. Passenger reported trailer had detached from towing vehicle. Returned to central reservation on foot and observed other vehicle with drivers door open, airbags deployed and damage to front RHS corner.

 

 

Regards claiming from TPI are there time limits and are they likely to take any notice of my claim?

 

Thanks for your interest.

Share this post


Link to post
Share on other sites

 

Regards claiming from TPI are there time limits and are they likely to take any notice of my claim?

 

Thanks for your interest.

 

Your claim is against the other party and should be directed to them. Once the insurers have acknowledged they cover the t/p then your claim is against both.

 

Make sure you have any estimates or prices to put you back in the same position as you were in before the accident.

 

Your claim should be for the full amount unless you have already agreed with the t/p or insurers to accept a percentage.

 

Insurers like slight disputes and 50/50 settlements then both parties NCD are reduced (win win for insurers).


PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...